Know Your Rights

Youth | Juvenile Justice | National/Federal

National/Federal Juvenile Justice Q&A

Safety and Non-Discrimination

All participants in the juvenile justice system should treat you without discrimination based on your sexual orientation, gender identity and HIV status. This includes the prosecutor, your attorney, the probation department and the agency serving youth in state custody.

This means

You have the right to safe and appropriate placements free from discrimination or harassment based on your actual or perceived sexual orientation or gender identity or expression.

If you have an attorney, your attorney should be educated on representing LGBTQ youth.

You have the right to be open about your sexual orientation and gender identity or expression.

You have the right to be identified by your chosen name and pronouns and to wear clothing consistent with your gender identity.

You are entitled to protection from physical, emotional or sexual abuse by other youth or facility staff.

A facility’s response to harassment or violence against you cannot be to move you to a more restrictive facility or to isolate you.

You cannot be segregated or classified as a sex offender based on myths that LGBTQ youth prey on other youth.

Equal Treatment and Services

You have the right to equal treatment and to access appropriate services while in the juvenile justice system.

This means

You must have access to appropriate medical or mental health care, both for general services and for any medical services that may be unique to you as an LGBTQ youth.

Medical care should not be conditioned on good behavior or withheld as a punishment.

You should not be forced to undergo improper or disreputable services damaging to your well-being, such as reparative or conversion therapy.

You may not be disciplined for engaging in age-appropriate romantic or sexual conduct that would not be punished between two different-sex youth.

You have the right to be free from religious indoctrination by facility staff that condemns or disparages your sexual orientation or gender identity or expression.